Diyan Isnaeni
Universitas Islam Malang, Indonesia

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

Peran Peran Kepolisian Dalam Penyelesaian Konflik Antar Pencak Silat Melalui Restorative Justice di Kecamatan Patrang Kabupaten Jember Oeny Angga Mahendra; Diyan Isnaeni; Moh. Muhibbin
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/rechtens.v14i2.4761

Abstract

Communal violence involving martial arts schools has become a recurrent issue that threatens local social stability. This study examines the role of the police in resolving conflicts between martial arts schools through a Restorative Justice (RJ) approach in Patrang District, Jember Regency, and identifies the factors influencing the effectiveness of its implementation. Using an empirical juridical research method, data were collected through document analysis (LPM, SP.Gas, SP.Lidik, and Mediation Reports) and interviews with police investigators and leaders of martial arts organizations. The findings reveal that the police perform multiple roles, including pre-emptive and preventive measures, the facilitation of penal mediation, and the application of proportional repressive actions based on legal discretion under Police Regulation No. 8 of 2021. The effectiveness of RJ is shaped by three key factors: procedural validity, social legitimacy of the police and willingness of conflicting groups to reconcile, and institutional support from the Jember Martial Arts Communication Forum (FKPJ) as a multiparty dialogue platform. Although RJ successfully suppresses escalation and prevents retaliation, its implementation faces challenges such as personnel limitations, internal group dynamics, and maintaining neutrality.
A Legal Approach Towards The Role of Transformational Leadership In Eradication Strategy of Drug Criminal Acts by The Gayo Lues Resort Police Hyrowo; Diyan Isnaeni; Moh. Muhibbin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6868

Abstract

Gayo Lues Regency in Aceh Province is widely recognized as one of Indonesia’s major cannabis-producing regions. The area’s geographical isolation, limited infrastructure and resources, and complex socio-cultural dynamics make narcotics eradication efforts particularly challenging. This article examines how transformational leadership exercised by the Gayo Lues Police Chief is implemented within narcotics law-enforcement strategies and how the national legal framework strengthens their effectiveness. This research is a normative juridical approach combined with a case-study method, drawing on in-depth interviews with the Police Chief, senior officers, and community leaders. Data were analyzed qualitatively using thematic analysis to identify key patterns emerging from interviews and legal documents. The analysis focuses on the four core dimensions of transformational leadership idealized influence, inspirational motivation, intellectual stimulation, and individualized consideration and integrates these with the principles of administrative law. Findings reveal that transformational leadership at the Gayo Lues Police is manifested through moral exemplarity and humanistic work ethics, recognition and performance-based motivation, participatory strategic planning across units, and strengthened communication with local leaders and customary institutions. This leadership style has fostered an open, collaborative, and integrity-driven organizational climate, significantly improving the performance of the Narcotics Investigation Unit. The narcotics control strategy rests on four pillars prevention, precision enforcement, rehabilitation, and restorative justice in alignment with Minister of Health Regulation No. 7 of 2025, Police Regulation No. 8 of 2021, and the National Action Plan for Drug Abuse Prevention and Eradication (RAN P4GN) 2025–2029. Moreover, the study highlights an integration between law and leadership in which law functions not merely as a coercive tool but as an educational and moral instrument. The Police Chief’s progressive and empathetic interpretation of the law exemplifies ethical law enforcement that balances authority with social compassion. In conclusion, transformational leadership plays a pivotal role in enhancing the legitimacy and effectiveness of narcotics law enforcement in high-risk regions
A Legal Review of The Principle of Legal Certainty in The Use of Certificates of Ownership As Collateral For Loans in Conventional Banking Tia Pradipta Sasnindyah Ari; Diyan Isnaeni; Suratman; Febriana Nur Widyaningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to examine the principle of legal certainty, particularly as it relates to Certificates of Ownership (SHM) as collateral for loans in conventional banking. This study falls under the category of normative legal research and employs two main approaches: the conceptual approach and the statutory approach. The findings of this study indicate that the legal conception of the principle of legal certainty regarding SHM as credit collateral in conventional banking is robust and guaranteed through the integration of the land registration system, as mandated by the Land Law (UUPA), and the system of real property collateral, as mandated by the Law on Real Property (UUHT). In practice, the use of SHM as credit collateral often encounters various normative obstacles that have the potential to hinder the hierarchical application of the principle of legal certainty. The normative obstacles in question include: (1) inconsistencies between the UUHT No. 4 of 1996 and Government Regulation No. 24 of 1997; (2) regulatory inconsistencies regarding the droit de suite (right of follow-up) and the procedures for the transfer of rights; and (3) normative obstacles arising from the dualism of enforcement mechanisms under the UUHT versus the HIR/RBg in civil procedure law.